MID-SHIP Negotiates Charter Party Agreements Sample Clauses

MID-SHIP Negotiates Charter Party Agreements. On February 8, 2010, MID-SHIP’s subsidiary in China (“MID-SHIP China”) negotiated a charter party agreement between two non-U.S. companies for the carriage of coking coal between foreign ports (referred to hereafter as the “February 2010 Charter Party Agreement”). The M/V Haadi was ultimately nominated as the performing vessel under the February 2010 Charter Party Agreement prior to the vessel being publicly identified as blocked property by OFAC and added to the SDN List on June 16, 2010.2 Although OFAC had not publicly identified the M/V Haadi at the time MID-SHIP China negotiated the February 2010 Charter Party Agreement and performance of the voyage was completed, MID-SHIP received and was in possession of documents connecting the M/V Haadi 2 A person whose property and interests in property are blocked has an interest in all property and interests in property of an entity in which it owns, directly or indirectly, a 50 percent or greater interest. The property and interests in property of such an entity are blocked regardless of whether the entity itself is listed in the annex to an Executive order or otherwise placed on OFAC’s SDN List. Blocking of property or interests in property immediately imposes an across-the-board prohibition against transfers or dealings of any kind with regard to the property or interests in property. by its IMO number (9387798) to an Iranian company not on the SDN List at that time. These documents, which included a Lloyd’s Register Safety Management Certificate and a Lloyd’s Register International Ship Security Certificate, identified Soroush Sarzamin Asatir Shipmanagement Company (“Soroush Sarzamin”)3 located in Tehran, Iran as a company associated with the M/V Haadi. Separately, on April 22, 2010 and April 30, 2010, MID-SHIP’s foreign subsidiary in Turkey (“MID-SHIP Turkey”) and MID-SHIP China negotiated two charter party agreements between non-U.S. companies for the carriage of steel coils from several foreign ports to one foreign port (referred to hereafter as the “April 2010 Charter Party Agreements”). It was agreed upon — subsequent to the April 22, 2010 agreement and prior to the April 30, 2010 agreement — that the M/V Xxxxxx would be the performing vessel for the April 2010 Charter Party Agreements. a. Iran Delight), with an IMO number of 8320133, as blocked property. Although MID-SHIP Turkey and MID-SHIP China negotiated the April 2010 Charter Party Agreements more than six weeks before OFAC publicly identified the...
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Related to MID-SHIP Negotiates Charter Party Agreements

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  • Pricing Instrument; Execution and Incorporation of Terms The parties hereto will enter into this Indenture by executing the Pricing Instrument. By executing the Pricing Instrument, the Indenture Trustee, the Registrar, the Transfer Agent, the Paying Agent, the Calculation Agent and the Trust hereby agree that the Indenture will constitute a legal, valid and binding agreement between the Indenture Trustee, the Registrar, the Transfer Agent, the Paying Agent, the Calculation Agent and the Trust. All terms relating to the Trust or the Notes not otherwise included herein will be as specified in the Pricing Instrument or Pricing Supplement, as indicated herein.

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  • MANAGEMENT AGREEMENT AND FRANCHISE AGREEMENT (a) At or prior to the Closing, Seller shall terminate the Existing Management Agreement and the Existing Franchise Agreement, and Seller shall be solely responsible for all claims and liabilities arising thereunder on, prior to or following the Closing Date, except termination or similar fees, which shall be paid by Buyer. Seller shall be responsible for paying all costs related to the termination of the Existing Management Agreement and Buyer shall be responsible for paying all reasonable and actual costs of the Franchisor related to the assignment or termination, as applicable, of the Existing Franchise Agreement. (b) At Closing, Buyer shall enter into the New Management Agreement in the form attached as Exhibit E and the New Franchise Agreement, effective as of the Closing Date, containing terms and conditions acceptable to Buyer (including, without limitation, such terms and conditions as may be required to accommodate Buyer’s and/or Buyer’s Affiliates’ REIT structure). (c) Seller shall use best efforts to promptly provide all information required by the Franchisor in connection with the New Franchise Agreement. Prior to the expiration of the Review Period, Buyer and Franchisor shall agree on the form and substance of the New Franchise Agreement. Except as otherwise provided in this Contract, the New Franchise Agreement shall contain such terms and conditions as are acceptable to Buyer in its sole and absolute discretion.

  • Governing Agreement The Assigned Transaction and the Confirmation shall form a part of, and be subject to, the ISDA Master Agreement dated as of September 29, 2006, as amended or supplemented from time to time (the "New Master Agreement"), between Assignee and Remaining Party. The Confirmation shall form a part of, and be subject to, the New Master Agreement.

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